A/HRC/60/29 agricultural production activities. This provision simply means that “peasants and other people working in rural areas”, as referred to in the title of the Declaration, may be found among “Indigenous Peoples” and “local communities”.57 70. In the meantime, the Special Rapporteur strongly recommends an immediate end to the conflation of Indigenous Peoples with local communities. The two regimes should be kept separate and dealt with separately, as shown by good practice emerging from the United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa, for which separate engagement platforms have been established for Indigenous Peoples and for local communities.58 Further, when both concepts are used, not in a conflated way but side by side, the Special Rapporteur recommends that a clarifying note (footnote or disclaimer) always be inserted stating that the use of the term “Indigenous Peoples” next to the term “local communities” does not imply that the two groups enjoy the same rights under international law. III. Practices of States and other actors with regard to recognition of Indigenous Peoples 71. Recognition of Indigenous Peoples is done through constitutions, legislation, treaties, policies and other measures. While there is progress, practices of recognition remain uneven across regions and countries, shaped by colonial histories, political will, subjective perceptions and advocacy by Indigenous Peoples. This section, on practices for recognition, is based on submissions from Governments, Indigenous Peoples and others. A. Constitutional recognition 72. Over the past few decades, there has been a growing trend toward recognizing Indigenous Peoples within constitutional frameworks. This shift has been influenced by international legal instruments such as the Declaration and the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169), which have catalysed domestic reforms and put the issues and rights of Indigenous Peoples on national agendas. 73. The scope of constitutional recognition varies. Certain constitutions simply refer to Indigenous Peoples, while others go further by expanding on their specific substantive rights. 74. Latin America, as a region, appears to lead in terms of constitutional recognition. The constitutions of the Plurinational State of Bolivia and Ecuador recognize Indigenous Peoples as foundational to the State and plurinational governance.59 The constitution of Colombia recognizes Indigenous Peoples and their collective and individual rights. 60 The constitution of Mexico recognizes Indigenous Peoples and provides for their right to self-determination and autonomy.61 Brazil recognizes the social organization, customs, languages, beliefs and traditions of Indigenous Peoples, and their rights to the lands that they have traditionally occupied. 62 In North America, the Constitution Act, 1982, of Canada provides for a recognition of Indigenous Peoples and expands on their key rights. 63 The 1787 Constitution 57 58 59 60 61 62 63 14 The Working Group on the rights of peasants and other people working in rural areas has indicated that specific individuals or groups of individuals working in rural areas may be regarded as peasants, provided that they meet the objective and subjective requirements set out in article 1 (1) of the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, and that those individuals and groups include Indigenous Peoples and local communities (A/HRC/57/51, para. 38). See ICCD/COP(16)/24/Add.1, decision 5/COP.16. Submission by a human rights defender from Ecuador. Submission by Colombia. Submission by Mexico. Submission by Brazil. Canada, Constitution Act, 1982, sect. 35. GE.25-12002

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